Smith v. Wood
Supreme Court of Georgia
Complaint. Before Judge Harris. City court of Floyd' county. August 29, 1899. C. D. Wood sued S. W. Smith upon a promissory note, a copy of which, so far as material to the questions to be considered,, was as follows: . “ State of Georgia, Floyd County.
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Complaint. Before Judge Harris. City court of Floyd' county. August 29, 1899. C. D. Wood sued S. W. Smith upon a promissory note, a copy of which, so far as material to the questions to be considered,, was as follows: . “ State of Georgia, Floyd County. On the first day of November, 1898, I promise to pay to the order of Q. T. Gregory, for a patent right, the sum of two hundred and ten dollars, value received, with interest from March 16th, 1898, until paid, at the rate of eight per cent, per annum. . . Witness my hand and seal this 16th day of March, 1898. S. W. Smith (L.S.) “ Signed,…
1Opinion of the CourtFish, J.
There was no error in the judgment of the court sustaining the demurrer to so much of the plea as set up that the note sued upon was illegal and void. The note was not void, although it failed to comply with the act approved Dec. 21, 1897. (Acts 1897, p. 81.) A failure to comply with the' requirements of that act, by expressing in the face of a note or contract given for the purchase-price of any patent right, or territory for the sale of such right, the consideration, stating the thing or article for which the same was given, does not render the note or contract void, but makes the seller,…
2Cases cited3 opinions
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- Kleckley v. LeydenSupreme Court of Georgia · 1879
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- First Nat. Bank & Trust Co. v. HeilmanCourt of Appeals for the Tenth Circuit · 1932
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